Walker v. Blair
Annotate this CaseThe Supreme Court accepted review of this case to consider how to interpret Kentucky's grandparent-visitation statute consistently with the constitutional principles articulated in the U.S. Supreme Court's decision, Troxel v. Granville, and whether the trial court in this case appropriately interceded to grant the grandmother visitation with the child despite the objection of the child's mother. The Supreme Court reversed the decision of the court of appeals affirming the trial court's grant, holding (1) a grandparent petitioning for child visitation contrary to the wishes of the child's parent can overcome the presumption that a fit parent is presumed to act in the best interest of the child only with clear and convincing evidence that granting visitation to the grandparent is in the child's best interest; and (2) the trial court here, in granting visitation to the grandmother, relied on pre-Troxel case law that inappropriately placed grandparents on equal footing with parents when determining visitation. Remanded.
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